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VA Disability for Depression?

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jwesley

Question

So here it is going on 4 years since I was honorably discharged from the military. Since I have been out, I seem to hit these depressing slumps of missing the military, wishing I could go back in (unable to go back in on account of a medical issue), having adjustment issues to not having the structure in my life as well as I am always "military minded" about how I deal with stress, people, other issues. I expect everyone have the same mentality from my family to my friends. I was treated once for anger issues while in the military, but this depression crap has me completely off the wall at times. I lose control when people make simple mistakes as well as ask me what I consider to be simply self explainable question. Am I even able to explain this to a VA Counselor or psychiatrist and have it service connected? Any input or advice is welcome positive or negative it is appreciated.

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What you will need is some type of medical opinion and medical rationale from a VA psychiatrist or psychologist. You can start by going to your local VA clinic and speak to a VA social worker which will also help. Keep on mind that to get service connected you will need 1. An in service condition. 2. A current condition/diagnosis/disability and 3. A medical nexus that links 1. and 2. together. Depending on your symptoms the VA psyche must say that they have reviewed your medical records both SMRs and post service medical records and it is their medical opinion that your current symptoms are at least likely as not related to your military service.

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Kayla posted, " When the VA orders an exam, that is used as a current diagnosis.  So the veteran really only has to prove one thing- that it happened in service."

Kayla, please dont get mad at me, but I suggest Veterans not  take that advice to the bank.   Kayla, I appreciate your efforts in trying to help Veterans.  And, I am guilty, also of sometimes not doing my homework and giving  a Veteran bad advice.  VSO's do that all the time, and so do RO employees.    I did a search at the BVA website using the term "no current diagnosis" and there were 569 hits so the BVA regurarly denies claims without a current diagnosis.    

Here is one where a Veteran was denied SC for Hep C because of no current diagnosis.   There are many, many others.  The VA does not automatically "order an exam", especially if there is no current diagnosis.  The Va will not order a C and P exam unless they feel there is evidence to support the Veterans claim, but the medical exams available are inadequate for rating.  This is one reason why I applied for benefits and the VA did not even order a C and P exam for 9 years:  My current diagnosis was made by a private doc, and the VA shredded that exam, or never even ordered the records, even tho I provided the VA with the Doc's name, address, and a release of information.    The burden is on the Veteran, generally, to prove his claim.  And applying for a condition without any medical diagnosis is "almost certain" to get a denial.  I dont recommend even trying it.  That is like a NASCAR racer showing up for a race without any fuel.    

http://www.va.gov/vetapp15/Files4/1535972.txt

Kayla I dont disagree that the the "current diagnosis" confuses people.  But I would NEVER EVER recommend a Veteran go to the Board of appeals without any of the "big 3"  current diagnosis, in service event or aggravation, and nexus.  Dont even go to the RO without one of these unless you follow up and make sure you have the big 3.  

Edited by broncovet
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The crazy one here, KaylaC, I am trying to form this in the best way I can. The bottom line to VA disability is to be compensated for a service connected disability. In all cases a veteran should already have a current diagnosis before ever filing a claim. 1. The veteran has a condition that he/she is being treated for and is given a diagnosis. 2. This condition began while the veteran was in service. The treatment records proves the veteran was/is seeking treatment for a condition that according to his/her SMRs and post service medical records confirm the link of the two condition and the veteran is given a diagnosis of the relationship.  3. A treating doctor will be more experienced with the veteran and his/her medical records and condition compared to a C & P examiner who only has the veterans C-File a limited time and only see the veteran once for a few minutes. 4. A veteran should never ever go to a C & P Exam without a clear diagnosis because the C & P Examiner may not be veteran friendly (Thinks the veteran is trying to get over/ free money), has a bad day, (went to the store and someone keyed his/her car), has personal problems ( just broke up/going through a divorce) although there is a section in the regulation that basically say that all VA employees must be professional when dealing with a veteran, we all know this is not true.  By having a diagnosis proves the veteran was seeking medical help for a condition that has become a disability and warrants a grant for compensation. If a veteran files a claim without a clear diagnosis he/she may be adding years onto his/her claim by getting a bad C & P Exam.  We have seen a lot of veterans being denied claims because VA stated that there were no medical records/evidence in the veterans SMRs that proves the veteran had the condition in service where the veteran actually did have the condition in service but VA either did not review the veterans file, the examiner did not have the veterans file or even that the veteran had the condition in service but VA both the C & P Examiner and the Rating Specialist said the condition in service was acute and not chronic. So the best advice you can give a veteran is to seek treatment then seek compensation. I hope this helps your understanding of VA mind set and yes VA has regulations but those regulations are open to the public and we use them just like VA.  

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